QUESTION
Is it better to wait until you've been married 10 yrs (if you are close to it) before you divorce, if you are a stay at home mom?
Asked on Jul 14th, 2013 on Divorce - Michigan
8 ANSWERS
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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In Wisconsin, there is no magic threshold that needs to be met for alimony/maintenance. This issue is state specific, so if you're not in Wisconsin be sure to figure out the correct standard for your state.
Answered on Jul 16th, 2013 at 11:05 PM
It would make a difference possibly in spousal support so you should consult a family law attorney to review all of your facts and advise you.
Answered on Jul 16th, 2013 at 9:40 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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In Michigan the length of marriage will not affect child support, that is a standardized calculation. The Length of marriage will affect your right to spousal support (alimony) but if you are able to work you may not be eligible.
Answered on Jul 15th, 2013 at 12:49 PM
If you are in California, anything under 10 years of marriage is referred to as a short term marriage. The rule of thumb for a short term marriage for support is half the length of the marriage. Anything over 10 years of marriage is referred to as a long term marriage. The presumption is then support until you remarry, one of the parties dies, or further order of the court. The expectation, however, is that you will find some kind of employment and help yourself.
Answered on Jul 15th, 2013 at 12:23 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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In Kansas, an incremental increase in the length of marriage will have no effect on child support; it may have a small effect on spousal maintenance duration; it may have a big effect on your potential Social Security benefits.
Answered on Jul 15th, 2013 at 12:23 PM
The only issue that the length of marriage (at least ten years) affects is whether you can claim under your husband's social security benefits when you reach retirement age. So, if that is an issue for you, wait until the ten years have passed before filing for dissolution of marriage just to be safe.
Answered on Jul 15th, 2013 at 12:12 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes. For a number of reasons, it is better to wait if you are sure you want to file but it is close to 10 years.
Answered on Jul 15th, 2013 at 12:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The length of the marriage is a factor in spousal support, and critical under the current social security laws.
Answered on Jul 15th, 2013 at 12:12 PM